STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

vs. ) CASE NO. 85-0667

)

CLIFTON DUKES, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a formal hearing was held on July 12, 1985, in Miami, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Jackie L. Gabe

Law Offices of Jesse J. McCrary, Jr. 3050 Biscayne Boulevard

Suite 800

Miami, Florida 33137-4198 For Respondent: No Appearance

This matter arose on the assignment by the School Board of Dade County of Clifton Dukes, Jr. to an alternative school, Miami Douglas MacArthur Senior High School-North. Respondent, Clifton Dukes, Jr., requested a formal hearing through a written request by her mother, Mrs. Clifton Dukes, Jr.

The issue is whether Dukes meets the criteria for assignment to an educational alternative program. Petitioner presented the testimony of Roy E. Scott, Jr., attendance counselor at Parkway Junior High School. Petitioner filed proposed findings of fact and conclusions of law as permitted by law. All proposed findings of fact and conclusions of law have been considered. To the extent that the proposed findings and conclusions submitted are in accordance with the Findings, Conclusions and views submitted herein, they have been accepted

and adopted in substance. Those findings not adopted are considered to be subordinate, cumulative, immaterial, unnecessary, or not supported by the competent and credible evidence.

FINDINGS OF FACT

1. Clifton Dukes, Jr., was a student at Parkway Junior High School during the 1982-83 school year and the 1984-85 school year until his reassignment to the alternative school on February 11, 1985.

   
   

2. During his attendance at Parkway, Dukes was involved in numerous incidents of misconduct. During the 1982-1983 school year he was involved in seven incidents involving profanity, rudeness, defiance to a teacher, class disruption, skipping class, refusing to participate in Physical Education, and sexual harassment of a student. On March 10, 1983, Dukes was sent to an alternative school placement at Jan Mann Opportunity School.

   
   

3. Dukes was returned to the regular school program for the 1984-85 school year. On September 20, 1984, Dukes was involved in the suspected smoking of a mood modifier and received a five- day suspension. On October 26, 1984, he was involved in a fight and received a three-day suspension. On November 13, 1984, Dukes threatened a teacher and received a three-day suspension. Finally, on January 15, 1985, Dukes was found in possession of a mood modifier and was placed on a ten-day suspension. Following the last incident, he was reassigned to the alternative school.

   
   

   CONCLUSIONS OF LAW

   
   

   The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of these proceedings.

   Sections 120.57(1) and 230.2315, Florida Statutes (1983).

   
   

   Section 230.2315(4) provides that "a student may be eligible for an educational alternative program if the student is disruptive . . .". This statute is further implemented in Rule 6A-1.994, Florida Administrative Code which states:

   
   

   1. Definition. Educational alternative programs designed to meet the needs of students who are disruptive, disinterested, or unsuccessful in a normal school environment. The educational alternative may occur within the school system or in another agency authorized by the school board.

      
      

   2. Criteria for eligibility. A student may be eligible for an educational alternative

      program if the student meets one (1) or more of the criteria prescribed below as determined by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.

      1. Disruptive. A student who:

         1. Displays persistent behavior which interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide; or

         2. Displays consistent behavior resulting in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom; or

         3. Displays disruptive behavior which severely threatens the general welfare of the student or other members of the school population, or

         4. Has a juvenile justice record and is placed in any youth services residential or day program of the Department of Health and Rehabilitative Services.

      2. Unsuccessful or disinterested. A student who:

         1. Demonstrates a lack of sufficient involvement in the traditional school program to achieve success because interests, needs or talents are not being addressed or

         2. Shows unsatisfactory academic progress and the effort to provide assistance is either rejected or is ineffective.

Based upon the history of disruptive behavior, it is concluded that Clifton Dukes, Jr. meets the criteria for eligibility for assignment to the alternative school program. Specifically, Dukes' behavior meets the criteria of Rule 6A- 1.994(2)(a) 1, 2 and 3.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the School Board of Dade County enter a Final Order assigning Clifton Dukes, Jr. to the alternative school program at Miami Douglas MacArthur Senior High School- North.

DONE and ENTERED this 6th day of August, 1985, in Tallahassee, Florida.

DIANE K. KIESLING

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 6th day of August, 1985.

COPIES FURNISHED:

Mr. & Mrs. Clifton Dukes, Sr. 3511 N. W. 176th Street

Opa Locka, Florida 33056

Jesse J. McCrary, Jr., Esquire Suite 800

3050 Biscayne Boulevard

Miami, Florida 33137

Ms. Maeva Hipps

Clerk of the School Board of Dade County

Board of Administration Building 1450 N. E. Second Avenue

Miami, Florida 33132

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1410 N. E. Second Avenue Miami, Florida 33132

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AGENCY FINAL ORDER

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THE SCHOOL BOARD OF DADE COUNTY, FLORIDA SCHOOL BOARD OF DADE COUNTY

Petitioner,

1. CASE NO. 85-0667

   
   

   CLIFTON DUKES, JR.

   
   

   Respondent.

   /

   
   

   FINAL ORDER

   OF THE SCHOOL BOARD OF DADE COUNTY, FLORIDA

   
   

   THIS CAUSE having came on for hearing before The School Board of Dade County, Florida, at its regular meeting of September 4, 1985, upon the Hearing Officer's recommendation, and the Board having considered the same, it is thereupon ordered by The School Board of Dade County, Florida, that:

   
   

   1. The Hearing Officer's recommended order, attached hereto, be and the same is hereby adopted as the final order of The School Board of Dade County, Florida; and

      
      

   2. The assignment of Clifton Dukes, Jr., to Miami Douglas MacArthur Senior High School-North is hereby confirmed.

DONE AND ORDERED this 4th day of September, 1985.

THE SCHOOL BOARD OF DADE COUNTY, FLORIDA

APPEAL OF FINAL ORDER

This order may be appealed by filing notices of appeal and a filing fee, as set out in Section 120.68(2), Florida Statutes, and Florida Rule of Appellate Procedure 9.110(b) and (c), within thirty (30) days of the date of the rendition of this Order.

Docket for Case No: 85-000667

Orders for Case No: 85-000667